45-6-312. Unauthorized acquisition or transfer of food stamps. (1) A person commits the offense of unauthorized acquisition or transfer of food stamp benefits if the person knowingly:
(a) acquires, purchases, possesses, or uses any food stamp benefit that the person is not entitled to; or
(b) transfers, sells, trades, gives, or otherwise disposes of any food stamp benefit to another person not entitled to receive or use it.
(2) A person convicted of an offense under this section shall be fined not more than $1,500 or be imprisoned in the county jail for not more than 6 months, or both. A person convicted of an offense under this section, which offense is part of a common scheme or in which the value of the food stamp benefits exceeds $1,500, shall be fined not more than $50,000 or be imprisoned in the state prison for not more than 10 years, or both.
(3) As used in this section, "food stamp benefits" means any stamp, coupon, or type of certification provided for the purchase of eligible food pursuant to the Food Stamp Act of 1977, 7 U.S.C. 2011 through 2029, or any similar public assistance program.
History: En. Sec. 1, Ch. 87, L. 1983; amd. Sec. 6, Ch. 616, L. 1993; amd. Sec. 8, Ch. 397, L. 1999; amd. Sec. 81, Ch. 2, L. 2009; amd. Sec. 8, Ch. 473, L. 2009.
Structure Montana Code Annotated
Chapter 6. Offenses Against Property
Part 3. Theft and Related Offenses
45-6-302. Theft of lost or mislaid property
45-6-303. Offender's interest in the property
45-6-305. Theft of labor or services or use of property
45-6-306. Obtaining communication services with intent to defraud
45-6-307. Aiding the avoidance of telecommunications charges
45-6-308. Unauthorized use of motor vehicles
45-6-309. Failure to return rented or leased personal property
45-6-310. Definition -- computer use
45-6-311. Unlawful use of a computer
45-6-312. Unauthorized acquisition or transfer of food stamps
45-6-314. Theft by disposal of stolen property
45-6-315. Defrauding creditors
45-6-318. Deceptive business practices
45-6-319. Chain distributor schemes
45-6-320. Theft of nonferrous metal
45-6-321. through 45-6-324 reserved
45-6-326. Obscuring identity of machine
45-6-327. Illegal branding or altering or obscuring of brand
45-6-329. Disposition of property and proceeds of sale
45-6-330. and 45-6-331 reserved
45-6-334. through 45-6-340 reserved